How Do I Determine Damages After a Motorcycle Accident?
If you have been involved in a motorcycle accident, you’ll have likely suffered some form of physical injury. Many times, these injuries require long-term care or in-home nursing for a few months. Medical bills can be astronomical. Oftentimes, you’ll need physical therapy and lost income from work. Adding these factors together can result in a considerable total amount of damages. This article will discuss the legal standard used to determine damages after a motorcycle accident and what options you may have.
Common causes of motorcycle accidents
Among the most common causes of motorcycle accidents are speeding and unsafe lane maneuvers. Motorcyclists should slow down before approaching an intersection, and prepare to brake or take evasive action if they see another vehicle coming. Motorcyclists should also be aware of gaps in the traffic before attempting to move into another lane. A common cause of motorcycle accidents is lane splitting, which happens when a motorcycle driver weaves between two lanes of traffic. Motorcyclists have little room to maneuver, and drivers don’t anticipate motorcycles.
Common injuries caused by motorcycle accidents
A motorcyclist can sustain life-threatening personal injuries from a motorcycle accident. These injuries include traumatic brain injury, paralysis, and limb amputations. For those who survive these injuries, they may be forced to spend the rest of their lives in a hospital or rehab center. Those who suffer spinal cord injuries will also have to undergo lengthy hospital stays and rehabilitation. Road rash is another common result of a motorcycle accident. It can lead to the rapid breakdown of muscle tissue and tendons.
Compensation options available after a motorcycle accident
If you or a loved one has suffered from a motorcycle accident, you may qualify for compensation. The costs of medical treatment, including surgery, physical therapy, and rehabilitation, can add up quickly. If you were at fault for the accident, you can recover medical expenses from the party responsible for your injuries. This compensation may help cover the cost of future lost wages, therapy, and counseling. If you or a loved one is left with long-term health complications, you may be able to get compensation for these expenses as well.
Legal standard for determining damages after a motorcycle accident
Whether or not you will receive compensation depends on your case and the amount of fault you have. If the motorcycle accident was your fault, you may be eligible for compensation as long as you were at least 49 percent at fault. If you are at fault for fifty percent or more of the accident, you will not receive compensation. Fortunately, you can hire a motorcycle accident lawyer to help you avoid unfair blame and maximize your compensation.
Steps to take immediately after a motorcycle accident
The steps you take immediately after a motorcycle accident depend on the severity of the injury. The first step is to remove yourself from the accident. Many bikers are injured in these accidents because they are hit by an oncoming vehicle. Once you’ve reached a safe place, call 911 or go to the emergency room. If the accident caused property damage of more than $500, file a police report. Medical attention is a must if you’re injured.
Avoiding lowball offers from insurance companies
When you’re in a motorcycle accident, your insurance company may try to make you accept a lowball offer to settle your claim. While an insurance company is only legally responsible for injuries caused by their own negligence, they will attempt to argue that your current pain is the result of prior injuries or that your accident caused minimal injuries. You should not accept these lowball offers, as they may result in the insurance company’s decision to reduce your settlement amount.
Protecting yourself after a motorcycle accident
If you’re in a motorcycle accident in New York, it’s critical to contact the authorities immediately. These professionals can help you collect critical evidence and take a police report, two things that will prove invaluable in the future. While you may not be hurt in the accident, it’s important to take pictures of the scene and the injuries sustained. Likewise, you should keep a journal to record any pain, sleeplessness, or other issues that arise as a result of the accident.